Is this how Michigan's law works? The law under which offenders are classified (sex offense) is ...

Asked almost 2 years ago - Ferndale, MI

determined by when the act was committed, not when the conviction occurs?

Attorney answers (2)

  1. Joshua Duane Jones

    Contributor Level 14

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    Answered . I believe your question needs to be elaborated on. The year can determine whether an individual would be classified as such; however, that is due to the change in classification. This does not mean that the year will ultimately determine whether registration is required, but instead it is as always ultimately on the charge and/or conviction.

  2. Daniel P. Hilf

    Contributor Level 15

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    Answered . The Michigan Sex Offender Registation Act (SORA) is found in the Michigan Compiled Laws Sections 28.721 et seq. There have been some recent amendments to the Act that were implemented on July 1, 2011. Highlights of the new changes are as follows:

    Three Tier System - you should always consult with your criminal defense attorney as to how a particular allegation is classified for purposes of the Michigan Sex Offender Registry

    Tier I cases are the least severe, which places the offender on a non public registry for 15 years. The information must be verified by the offender with law enforcement at least 1 time per year. Examples of Tier I offenses include (but are not limited to) Criminal Sexual Conduct 4th Degree, Possession of Child Sexually Abusive Material (child pornography), Indecent Exposure as a Sexually Delinquent Person.

    Tier II cases are mid range sex offenses, which places the offender on a public registry for 25 years. The information must be verified by the offender with law enforcement at least 2 times a year: between January 1st and 15th; and between June 1st and 15th. Tier II cases include (but are not limited to) CSC 2nd Degree involving a victim 13 or older; Distribution or Production of Child Sexually Abusive Material (child pornography); Solicitation against a Minor; Pandering (enticing a female to prostitute herself); Use of a Computer to Solicit an Immoral Act Against a Minor

    Tier III cases are the most severe sex offenses, which places the offender on a lifetime public registry. The information must be verified by the offender with law enforcement at least 4 times a year; January 1st through 15th; April 1st through 15th; July 1st through 15th; October 1st through 15th. Tier III cases include (but are not limited to) Criminal Sexual Conduct 1st Degree, Criminal Sexual Conduct 3rd Degree, Criminal Sexual Conduct 2nd Degree involving victim under 13 years, Assault with Intent to Commit Sexual Penetration.

    For all Tiers, the offender must also report to law enforcement whenever the following occurs to the offender, in addition to the reporting requirements listed above: he/she moved; bought a vehicle; he/she established an email address; he/she changed name (for example - through marriage); he/she changed employment; he/she enrolled at a college or university; he/she changed his/her residence temporarily for more than 7 days. The change in the above status is supposed to be made within 3 days. Offenders are required to provide more information to law enforcement, such as social security numbers, passport, e-mail addresses, vehicle information, and employer information. There is also an increase in the registration fee. The system is also linked with the Secretary of State database, which provides up to date photographs of offenders for tracking purposes. The purpose behind gathering this information is to provide law enforcement and the public with more accurate information concerning the offender.

    The sex offender information is available to the public online at www.MIPSOR.state/mi.us. There are a variety of search options available to the public.

    The registration usually occurs after the plea but before sentencing. The probation department typically has the Defendant sign the required sex offender registration paperwork at the time of the presentence investigation report interview. If the Defendant refuses to sign the registration paperwork, the probation officer writes on the registration that the Defendant refused to sign it, and the registration still gets processed.

    The probation department will register a previously unregistered offense brought to its attention by a new felony criminal offense. For example, if a Defendant was convicted of Criminal Sexual Conduct 3rd Degree in 1985 (before the Sex Offender list was created), and the same Defendant is convicted in 2011 of Felonious Assault, the probation department has the discretion to register the Defendant.

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